Champions of Campus & High School Due Process & Title IX

CAMPUS & HIGH SCHOOL MISCONDUCT DUE PROCESS & TITLE IX

We are recognized leaders in the representation of college, university and high school students and faculty facing allegations of misconduct.

We are strong and effective advocates for the rights of students and faculty members accused of sexual misconduct to justice and due process of law.

Led by Andrew Miltenberg, our team has vigorously and successfully defended students at disciplinary proceedings facing suspension or expulsion from colleges and universities. We have also filed numerous civil lawsuits against universities in connection with mistreatment of accused students.

We have represented more than 150 students in 30 states in this emerging area of litigation, at higher education institutions ranging from small, elite liberal arts colleges to large public universities.

Our work on behalf of students has generated attention from local and regional news sources as well as top national TV, radio, print, and online media outlets, including The New York Times, The Wall Street Journal, Newsweek, USA Today, The Los Angeles Times, CBS Sunday Morning, New York Magazine, The Huffington Post, Fox News, and National Public Radio. See recent representative articles

We believe – unconditionally – that sexual assault is unacceptable under any circumstance.

We also believe that accused students and faculty must be afforded their civil rights and due process under the law, and that many colleges and universities are falling far short of this standard.

Higher education institutions have become extremely aggressive in pursuing sexual misconduct investigations since the United States Department of Education’s Office for Civil Rights issued a letter in 2011 discussing how schools are to address sexual assault and misconduct to comply with the Department’s view of Title IX.

Accused students typically find themselves in the midst of a veritable minefield in which institutions of higher education are using their internal disciplinary procedures to try students for claims of sexual misconduct and assault and to mete out penalties, including expulsion, suspension and a permanent scar on their academic record.

Disciplinary processes on college and university campuses differ dramatically from civil and criminal cases handled in court. These campus proceedings have taken on the characteristics of arbitrary tribunals, with students denied the right to a fair hearing, access to an attorney or the ability to question their accuser.

The consequences of such a flawed process are serious and often life-altering for those wrongly accused. Among other serious repercussions, males found guilty of sexual misconduct on campus may find themselves effectively cut off from acceptance at a law, medical or other graduate school despite having good grades and an otherwise unblemished academic record. Without a court order countermanding the school’s sanction, the student has no recourse.

We are committed to advocating for accused students’ rights: due process under the law is a right, not a privilege. We believe that the serious nature of the accusations and the adverse consequences of being found responsible make this a critically important fight.

A Partial List of Schools Where We’ve Represented Students:

Arizona State University
Auburn University
Bard College
Baylor University
Boston College
Brandeis University
Brown University
Carnegie Mellon University
Case Western Reserve University
Clemson University
Colgate University
Columbia University
Cornell University
Dartmouth College
Emory University
Florida State University
Fordham University
Georgia Institute of Technology
Georgetown University
Hamilton College
Harvard University
Ithaca College
Middlebury College
New York University
Northwestern University
Pennsylvania State University
Pomona College
Princeton University
Purdue University
Rochester Institute of Technology
Stanford University
SUNY, Binghamton University
SUNY, University at Albany
Syracuse University
Texas A&M University
The Citadel
Trinity College
Tulane University
University of Alabama
UCLA
University of California, Berkeley
University of Chicago
University of Colorado, Boulder
University of Connecticut
University of Delaware
University of Denver
University of Florida
University of Maryland
University of Mississippi
University of Nebraska
University of Notre Dame
University of Pennsylvania
University of Richmond
University of Vermont
University of Virginia
University of Wisconsin, Madison
Vanderbilt University
Virginia Tech
Washington & Lee
Wesleyan University
Williams College
Yale University

About Nesenoff & Miltenberg, LLP

Founded in 1992, we are a firm of New York litigation, appellate, and transactional attorneys, who are proud to offer our clients the legal services, resources, and staffing to meet their needs and achieve their goals.